Fair Market Rent Appeal Was Untimely

Tenant filed a fair market rent appeal (FMRA), challenging the first apartment rent after rent control. The DRA dismissed the complaint as untimely. Tenant appealed and lost. Under Rent Stabilization Code Section 2522.3, A FMRA must be filed by a tenant within 90 days after landlord sends the required "RR-1" notice to tenant by certified mail. Landlord sent the RR-1 form to tenant on Sept. 30, 2014. Tenant admitted that he responded to the RR-1 on Dec. 30, 2014, which was 91 days after the RR-1 was mailed. There are no permissible extensions of time after the 90 days following service of the RR-1 on tenant has elapsed.

Peyrano: DHCR Adm. Rev. Docket No. HO110003RP (5/30/19) [3-pg. doc.]